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23 Sep 2016, 7:21 am by Joy Waltemath
The complaint in addition contends that the final rule exceeds Constitutional authorization because under it, “States must pay overtime to State employees that are performing executive, administrative, or professional functions if the State employees earn a salary less than an amount determined by the Executive Branch of the Federal Government. [read post]
22 Sep 2016, 1:33 pm by Josh Blackman
House Resolution 676 was framed very broadly: The lawsuit could “seek any appropriate relief regarding the failure” of all executive-branch officials — including the president himself — “to act in a manner consistent with that official’s duties under the Constitution and laws of the United States with respect to implementation” of the ACA. [read post]
22 Sep 2016, 5:00 am by Jonathan H. Adler
This approach is highly deferential to the political branches, particularly the legislature, and will produce “pro-business” results only insofar as the other branches adopt or maintain relatively business-friendly postures. [read post]
20 Sep 2016, 9:01 pm by Michael C. Dorf
Of the justices now on the Court, Samuel Alito seems the most likely to find merit in legal protection for animals, based on his solo dissent in the 2010 case of United States v. [read post]
18 Sep 2016, 9:01 pm by Neil Cahn
Those were the questions answered by the Appellate Division, Second Department, in its August 31, 2016 decision in Mayer v. [read post]
16 Sep 2016, 8:25 am by Susan Hennessey
Senator Ron Wyden published an article in Wired this week, co-authored by Matt Blaze and Lawfare’s own Susan Landau, alarmingly entitled, ”The Feds Will Soon Be Able to Legally Hack Almost Anything. [read post]
12 Sep 2016, 6:28 am by Joy Waltemath
The high court went on to offer some thoughts about its 2011 decision in Wrigg v. [read post]
12 Sep 2016, 4:15 am by Howard Friedman
In Wall v Judicial Committee of the Highwood Congregation of Jehovah's Witnesses, (Alberta Ct. [read post]
9 Sep 2016, 5:02 pm by Rebecca Tushnet
  Abishek Nagaraj: Good job of studying IP free zones v. struggles. [read post]
9 Sep 2016, 12:55 pm
I'm rooting for the United States Postal Service. [read post]
9 Sep 2016, 7:20 am by Rory Little
United States (1998, in which Justice Breyer wrote for the majority) that first advanced the constitutional theory adopted by the Court in Apprendi v. [read post]
8 Sep 2016, 5:11 am by Yishai Schwartz
” The Second Circuit rejected this logic holding that Daimler—and its own related circuit precedent, Gucci America, Inc. v. [read post]